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(영문) 서울북부지방법원 2020.06.25 2019고단5707

공무집행방해

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around December 23:45, 2019, the Defendant: (a) committed an act of obstructing the performance of official duties against police officers B, at the cafeteria of the trade name “Djuk store” located in Gangnam-gu Seoul Metropolitan Government, Gangnam-gu, Seoul; (b) the police officer B (the age of 29) who was a police officer of the Seoul Gangnam-gu Police Station, who was dispatched to the site after having reported the Defendant’s 112 of alcohol together with E in a de facto marital relationship, tried to arrest the above E as an act of interference with business, etc.; and (c) the police officer B (the age of 29) committed an act of interference with the business.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the arrest of the police officer B in the act of committing the crime.

2. At the same time and place, the Defendant committed an act of obstructing the performance of official duties with respect to the arrest of a flagrant offender in the above Chapter B, and committed an assault by the police officer G (the 30-year old police officer) of the same police box, who was called together with the above Chapter B, to be arrested as a flagrant offender in the above G’s line, and against this, the Defendant was arrested by himself as a police officer G (the 30-year old police officer) of the same police box who was called together with the above B, and the Defendant was sprinked, sprinking the face of the above G with his hand, sprinking the face on the floor, sprinking it on the floor,

Accordingly, the defendant interfered with the legitimate execution of duties concerning the arrest of the police officer G in the act of committing the crime.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. The police statement concerning G;

1. Each statement of B and H;

1. Application of Acts and subordinate statutes on the 112 Reporting Report (in cases of attaching, etc. a photograph of damaged property, a photograph of damaged property, and a net opinion), and the 112 Reporting

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act selecting a penalty;

1. From among concurrent crimes, the act of assaulting the victimized police officers of this case under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act was committed in the same place. However, the duty of the said police officers is different from one another when the victimized police officers were arrested.